Petition to set aside resignation

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Petition to Set Aside Resignation

Legal authority

Government Code section 19996.1 and Title 2, California Code of Regulations, section 599.825.

An employee may file a petition to set aside his or her resignation from state service if the resignation was given or obtained by mistake, fraud, duress, undue influence, or was otherwise not free and voluntary. The employee bears the burden of proof by a preponderance of the evidence the resignation should be set aside.

In the event a resignation is set aside pursuant to this section, the person resigning shall be reinstated to their former position and paid their salary for the period they were removed from state service as a result of such resignation. From any such salary due there shall be deducted compensation that the employee earned, or might reasonably have earned, during any period commencing more than six months after the initial date of resignation.

Timeline to file

Thirty days after the last date upon which services to the state are rendered or the date the resignation is tendered to the appointing power, whichever is later. (See Bidwell v. State of California (1985) 164 Cal.App.3d 213.)

Type of hearing

A full evidentiary hearing is conducted by an Administrative Law Judge (ALJ). The proposed decision of the ALJ is accepted or rejected by the Director of the California Department of Human Resources.